April 14, 1998

 To:The Budget Committee

 From:H.W.O. Doyle

 Subject:An Eviction Prevention Strategy for the City of Toronto

 Purpose:

 This report responds to the Budget Committee=s request for information as to the actions the City may take with respect to landlords who are abusing the process.

 Funding Sources, Financial Implications and Impact Statement:

 None.

 Recommendations:

 It is recommended that this report be received for information.

 Council Reference/Background/History:

 At its meeting of April 3, 1998, the Budget Committee had before it a report entitled A An Eviction Prevention Strategy for the City of Toronto@ from the Community and Neighbourhood Services Committee wherein the Committee on March 26 and 27, 1998 recommended to the Budget Committee the adoption of a motion that City Council approve an amount no greater that $55,000.00 to support programs that deal with evictions prevention.

 The Budget Committee deferred consideration of this matter and requested that the City Solicitor submit a report as to the actions the City may take with respect to landlords who are abusing the process, i.e. eviction of tenants who have paid their rent.

 Comments and/or Discussion and/or Justification:

 In general, a person who is not a party to a contract has no legal authority to enforce the contract or to impugn its validity. Accordingly, there is no legal action which the City can take against landlords with respect to tenancy agreements to which it is not a party. In such cases, only the tenant will be able to seek legal recourse for a wrongful eviction or other breach of the tenancy agreement.

 Conclusions:

 The foregoing is provided for the information of the Budget Committee.

 Contact Name:

 Shirley Mathi392-2989

 H.W.O. Doyle

City Solicitor

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